St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-03-22

lnal county or district in which the vacancy oc--
CURED.
Sec. 81. Any candidate or eiector of the proper
county, senatorial, judicial or election district
wishing to contest the validity of an election or
the right OF any person declared duly elected to
the senate or house of representatives in this
state, or to contest his right TO a seat therein
shall give notice thereof in writing to the per-
son whose election or right TO a seat he intends
TO contest, or leave a written notice thereof at
the house where such person last resided. within
twenty days after the votes have been canvassed
bv the county canvassing board. specifying the
points on which the election will be contested
and naming two justices of the peace of the
COUNTY In which he resides, who will officiate an
the taking of the dispositions, and when and
where they will attend TO take the same: all such
notices shall be served at least ten days before
the day designated therein for the taking of
such dispositions, but the time fixed for taking
the same shall not exceed forty-five days from
the day of election.
Sec. So. The said justices, or either of them.
shall issue subp9nas TO all persons whose
and said two justices shall take under
OATH all testimony relating to such contested
election, and certify the same under seal to the
presiding officer in that branch of Legislators
where the person whose seat is contested is re-
turned to serve at the next session
SEC. 90. II party whose election is con-
tested desires TO offer testimony upon points
not specified in the notice of the contestant ma
shall, within ten days after the contestant no
tice Is served upon him as aforesaid serve pnor,
said contestant, in the manner provided in sec
tional points and specifying a place and dav
(which shall not be more than ten days later
than the time fixed by the contestant i'm his mo-
lice Tor taxing deposition), at which time testi-
monv thereon will DC taken before two justices
OF the same county, which notice shall be served
aS least ten days previous TO the time of taking
such testimony. No testimony shall be taken
py the justices which does not relate TO some
point specified in said notice copies of which
snail be delivered to the justices taking testi-
mony thereon and by them transmitted TO the
presiding officer of that branch of the legisla-
ture where the contest is TO be decided with the
other documents provided for by section fifty
eight.
SEC. 60. In conducting any contested elec-
t1on in the house of representatives, the follow
ing rules shall be observed:
First-On the day and at the hour appointed
for that purpose, the house, with the proper Of
meeting; the speaker OF the house of represents
atives shall preside, but, when he is a contest
ant, speaker pro tenn shall be elected.
Second-The parties to the contest shall then
be called by the clerk, and if they answer their
appearance shall be recorded.
Third-The contestant shall then first intro
duce his testimony, and, after the testimony ia
or by his counsel may omen the contest and the
offcer-eect may then proceed, by himself or
counsel. to make his defense aud the contestants
be heard in reply. After the argument of both
parties is concluded any member of the house
may offer the reasons for the vote he intends To
give.
Fourth-The clerk shall keep regular journal
of the proceedings.
Fifth-In deciding the contest, the members
shall vote uipa eoce, and majority of the vote
given shall decide; but no party to tho comics.